S T A T E O F N E W Y O R K
________________________________________________________________________
5681--A
2023-2024 Regular Sessions
I N A S S E M B L Y
March 20, 2023
___________
Introduced by M. of A. OTIS, THIELE, L. ROSENTHAL, SIMON, LUNSFORD,
SHIMSKY, SIMONE -- read once and referred to the Committee on Corpo-
rations, Authorities and Commissions -- recommitted to the Committee
on Ways and Means in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public authorities law, in relation to establishing
the electric landscaping equipment rebate program; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1885 to read as follows:
§ 1885. ELECTRIC LANDSCAPING EQUIPMENT REBATE PROGRAM. 1. THERE IS
HEREBY CREATED WITHIN THE AUTHORITY AN ELECTRIC LANDSCAPING EQUIPMENT
REBATE PROGRAM. THE PURPOSE OF THE PROGRAM IS TO REDUCE GREENHOUSE GAS
EMISSIONS, IMPROVE AIR QUALITY, AND REDUCE NOISE POLLUTION BY PROMOTING
THE ADOPTION OF QUIETER, ZERO-EMISSION LANDSCAPING EQUIPMENT.
2. AS USED IN THIS SECTION:
(A) "COMMERCIAL LANDSCAPING BUSINESS" SHALL MEAN A SOLE-PROPRIETOR-
SHIP, FIRM, LIMITED LIABILITY COMPANY, PARTNERSHIP, CORPORATION OR OTHER
BUSINESS ENTITY WHOSE PRIMARY CONCERN INVOLVES THE CARE AND MAINTENANCE
OF YARDS, GARDENS, OR OTHER OUTDOOR LANDSCAPES FOR CLIENTS, INCLUDING,
BUT NOT LIMITED TO, LAWN CARE, GARDENING, AND THE REMOVAL OR PRUNING OF
TREES OR SHRUBS.
(B) "INSTITUTIONAL OR COMMERCIAL APPLICANT" SHALL MEAN A COMMERCIAL
LANDSCAPING BUSINESS, OR A STATE AGENCY, STATE AUTHORITY, LOCAL AUTHORI-
TY, TOWN, COUNTY, VILLAGE, SCHOOL DISTRICT, PRIVATE SCHOOL, UNIVERSITY,
NOT-FOR-PROFIT CORPORATION, OR OTHER NONPROFIT ORGANIZATION.
(C) "ELIGIBLE LAWN CARE DEVICE" SHALL MEAN A BATTERY-POWERED ELECTRIC
LAWN CARE DEVICE THAT IS NEW, HAS NOT BEEN USED OR PREVIOUSLY OWNED, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04841-05-4
A. 5681--A 2
IS PURCHASED OR LEASED FROM A STOREFRONT OR ONLINE RETAILER. ELIGIBLE
LAWN CARE DEVICE SHALL NOT INCLUDE CORDED ELECTRIC EQUIPMENT, REEL
MOWERS, OR TRACTORS USED TO PULL OTHER LAWN CARE DEVICES.
(D) "LAWN CARE DEVICE" SHALL MEAN ANY DEVICE POWERED MECHANICALLY,
WHICH IS INTENDED TO BE USED OR IS ACTUALLY USED FOR THE MOWING OF
GRASS, THE CUTTING OR CHIPPING OF TREES, TREE ROOTS OR TREE BRANCHES,
THE CLEARING OF SNOW AND ICE, THE CLEARING OF LEAVES OR OTHER VEGETATION
FROM LAWNS, SIDEWALKS, PUBLIC STREETS OR PUBLIC HIGHWAYS, AND SHALL
INCLUDE, BUT NOT BE LIMITED TO, SUCH DEVICES AS WALKING AND RIDING LAWN
MOWERS AND LAWN MOWER ATTACHMENTS, LAWN EDGERS AND TRIMMERS, HEDGE TRIM-
MERS, LEAF BLOWERS, LEAF VACUUMS, MULCHERS, CHIPPERS, CHAINSAWS, POLE
SAWS, AUGERS, CULTIVATORS AND TILLERS, SNOW BLOWERS, AND SNOW SHOVELS,
AS WELL AS BATTERIES, CHARGERS, AND POWER MANAGEMENT EQUIPMENT FOR SUCH
DEVICES.
(E) "LOCAL AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
TWO OF SECTION TWO OF THIS CHAPTER.
(F) "STATE AGENCY" SHALL MEAN ALL STATE DEPARTMENTS, BOARDS, COMMIS-
SIONS, OFFICES OR INSTITUTIONS.
(G) "STATE AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
ONE OF SECTION TWO OF THIS CHAPTER.
3. THE AUTHORITY SHALL CREATE A PROGRAM, WITHIN EXISTING APPROPRI-
ATIONS, TO AWARD REBATES AT THE POINT OF SALE TO INSTITUTIONAL OR
COMMERCIAL APPLICANTS FOR ELIGIBLE LAWN CARE DEVICES IN AMOUNTS DETER-
MINED BY THE AUTHORITY.
4. THE AUTHORITY SHALL DETERMINE THE REBATE ELIGIBILITY OF EACH APPLI-
CANT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND RULES
PROMULGATED BY THE AUTHORITY. THE TOTAL AMOUNT OF REBATES ALLOCATED TO
CERTIFIED APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF
FUNDS AVAILABLE FOR THE PROGRAM IN SUCH FISCAL YEAR. REBATES SHALL BE
ALLOCATED TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS, DETERMINED
BY THE DATE THE APPLICATION IS RECEIVED, UNTIL ALL APPROPRIATED FUNDS
FOR THE FISCAL YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES
FIRST. THE AUTHORITY SHALL HAVE AUTHORITY TO REDUCE ELIGIBLE LAWN CARE
DEVICE REBATE AMOUNTS IF THE AUTHORITY DETERMINES THAT FUNDS WOULD
OTHERWISE BE EXHAUSTED PRIOR TO THE END OF A FISCAL YEAR.
5. THE AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
AND ADMINISTER THE PROVISIONS OF THIS SECTION NO LATER THAN TWO HUNDRED
SEVENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, INCLUDING RULES
AND REGULATIONS RELATING TO THE TYPES OF EQUIPMENT COVERED UNDER THIS
SECTION AND REBATE AMOUNTS FOR EACH EQUIPMENT TYPE, THE FORMS REQUIRED
TO CLAIM A REBATE, THE REQUIRED DOCUMENTATION AND BASIS FOR ESTABLISHING
ELIGIBILITY FOR A REBATE, PROCEDURES AND GUIDELINES FOR CLAIMING A
REBATE, THE COLLECTION OF ECONOMIC IMPACT DATA FROM APPLICANTS, AND ANY
OTHER REQUIREMENTS THE AUTHORITY DEEMS NECESSARY. IN THE COURSE OF
DEVELOPING SUCH RULES AND REGULATIONS, THE AUTHORITY SHALL CONSULT WITH
RELEVANT STAKEHOLDERS, INCLUDING COMMERCIAL LANDSCAPING BUSINESSES AND
RETAILERS SELLING ELIGIBLE LAWN CARE DEVICES. THE AUTHORITY SHALL
CONDUCT EDUCATION AND OUTREACH, WITH INFORMATIONAL MATERIALS MADE AVAIL-
ABLE IN AT LEAST ENGLISH AND THE THREE MOST COMMON NON-ENGLISH LANGUAGES
SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN THE STATE OF
NEW YORK, BASED ON UNITED STATES CENSUS DATA, AS NECESSARY TO INFORM
POTENTIAL APPLICANTS AND MANUFACTURERS AND RETAILERS OF ELIGIBLE LAWN
CARE DEVICES ABOUT THE ELECTRIC LANDSCAPING EQUIPMENT REBATE PROGRAM.
6. THE AUTHORITY SHALL DETERMINE AND PUBLISH ON ITS WEBSITE ON AN
ONGOING BASIS THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN
EACH FISCAL YEAR.
A. 5681--A 3
7. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
AND ANNUALLY THEREAFTER ON THE FIRST OF JANUARY, THE AUTHORITY SHALL
ISSUE A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEE ON ENERGY AND TELECOMMU-
NICATIONS AND THE CHAIR OF THE ASSEMBLY COMMITTEE ON ENERGY DETAILING
THE STATUS OF THE ELECTRIC LANDSCAPING EQUIPMENT REBATE PROGRAM. SUCH
REPORT SHALL INCLUDE:
(A) THE AMOUNT OF FUNDING DEDICATED BY THE AUTHORITY FOR THE PROGRAM
IN THE PRECEDING YEAR;
(B) THE AMOUNT OF ELIGIBLE PURCHASES FOR WHICH A REBATE WAS AWARDED;
(C) THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES; AND
(D) ANY OTHER INFORMATION THE AUTHORITY DEEMS NECESSARY.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 1, 2035.